{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5509.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5509.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5509.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5509.html"}],"law_id":67266,"edition_id":1,"section_id":67266,"structure_id":14894,"section_number":"38.2-5509","catch_line":"Supplemental provisions; rules; exemption","history":"1995, c. 789; 2000, c. 47; 2018, c. 706.","full_text":"A\n\nThe provisions of this Act are supplemental to any other provisions of the laws of this Commonwealth, and shall not preclude or limit any other powers or duties of the Commission, the Commissioner of Insurance, or any of the Commission’s employees or agents under such laws, including, but not limited to, the provisions of §§ 38.2-1038 and 38.2-1040, subdivision A 7 of § 38.2-4316, and Chapter 15 (§ 38.2-1500 et seq.) and any regulations issued thereunder.B\n\nThe Commission may adopt reasonable rules necessary for the implementation of this Act.C\n\nThe Commission may exempt from the application of this Act any domestic property and casualty insurer which:1\n\nWrites direct business only in this Commonwealth;2\n\nWrites direct annual premiums of $2 million or less; and3\n\nAssumes no reinsurance in excess of five percent of direct premium written.D\n\nThe Commission may exempt from the application of this Act an insurer organized and operating under the laws of this Commonwealth and licensed pursuant to the provisions of Chapter 25 (§ 38.2-2500 et seq.).E\n\nThe Commission may exempt from the application of this Act a domestic health organization that writes direct business only in this Commonwealth and assumes no reinsurance in excess of five percent of direct premium written, and either (i) writes direct annual premiums of two million dollars or less for comprehensive medical coverages or (ii) is licensed pursuant to Chapter 45 (§ 38.2-4500 et seq.) and covers less than 2,000 lives. As used in this subsection, “comprehensive medical coverages” means contracts providing basic health care services and Medicare and Medicaid risk coverages or policies providing hospital, surgical, major medical, Medicare risk and Medicaid risk coverages. Medicare supplement need not be included and premiums for administrative services shall not be included.","order_by":null,"text":{"0":{"id":243771,"text":"The provisions of this Act are supplemental to any other provisions of the laws of this Commonwealth, and shall not preclude or limit any other powers or duties of the Commission, the Commissioner of Insurance, or any of the Commission’s employees or agents under such laws, including, but not limited to, the provisions of §§ 38.2-1038 and 38.2-1040, subdivision A 7 of § 38.2-4316, and Chapter 15 (§ 38.2-1500 et seq.) and any regulations issued thereunder.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243772,"text":"The Commission may adopt reasonable rules necessary for the implementation of this Act.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243773,"text":"The Commission may exempt from the application of this Act any domestic property and casualty insurer which:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":243774,"text":"Writes direct business only in this Commonwealth;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":243775,"text":"Writes direct annual premiums of $2 million or less; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":243776,"text":"Assumes no reinsurance in excess of five percent of direct premium written.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":243777,"text":"The Commission may exempt from the application of this Act an insurer organized and operating under the laws of this Commonwealth and licensed pursuant to the provisions of Chapter 25 (§ 38.2-2500 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"7":{"id":243778,"text":"The Commission may exempt from the application of this Act a domestic health organization that writes direct business only in this Commonwealth and assumes no reinsurance in excess of five percent of direct premium written, and either (i) writes direct annual premiums of two million dollars or less for comprehensive medical coverages or (ii) is licensed pursuant to Chapter 45 (§ 38.2-4500 et seq.) and covers less than 2,000 lives. As used in this subsection, “comprehensive medical coverages” means contracts providing basic health care services and Medicare and Medicaid risk coverages or policies providing hospital, surgical, major medical, Medicare risk and Medicaid risk coverages. Medicare supplement need not be included and premiums for administrative services shall not be included.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14894,"edition_id":1,"name":"Risk-Based Capital Act","identifier":"55","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:50:37","date_modified":"2026-06-26 03:50:37","permalink":{"id":217847,"object_type":"structure","relational_id":14894,"identifier":"55","token":"38.2\/55","url":"\/38.2\/55\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68244,"structure_id":14894,"section_number":"38.2-5500","catch_line":"Applicability","url":"\/38.2-5500\/","token":"38.2\/55\/38.2-5500","metadata":false},{"id":67232,"structure_id":14894,"section_number":"38.2-5501","catch_line":"Definitions","url":"\/38.2-5501\/","token":"38.2\/55\/38.2-5501","metadata":false},{"id":68713,"structure_id":14894,"section_number":"38.2-5502","catch_line":"RBC Reports","url":"\/38.2-5502\/","token":"38.2\/55\/38.2-5502","metadata":false},{"id":72298,"structure_id":14894,"section_number":"38.2-5503","catch_line":"Company Action Level Event","url":"\/38.2-5503\/","token":"38.2\/55\/38.2-5503","metadata":false},{"id":86775,"structure_id":14894,"section_number":"38.2-5504","catch_line":"Regulatory Action Level Event","url":"\/38.2-5504\/","token":"38.2\/55\/38.2-5504","metadata":false},{"id":85425,"structure_id":14894,"section_number":"38.2-5505","catch_line":"Authorized Control Level Event","url":"\/38.2-5505\/","token":"38.2\/55\/38.2-5505","metadata":false},{"id":69962,"structure_id":14894,"section_number":"38.2-5506","catch_line":"Mandatory Control Level Event","url":"\/38.2-5506\/","token":"38.2\/55\/38.2-5506","metadata":false},{"id":81704,"structure_id":14894,"section_number":"38.2-5507","catch_line":"Hearings","url":"\/38.2-5507\/","token":"38.2\/55\/38.2-5507","metadata":false},{"id":61072,"structure_id":14894,"section_number":"38.2-5508","catch_line":"Confidentiality; prohibition on announcements; prohibition on use in ratemaking","url":"\/38.2-5508\/","token":"38.2\/55\/38.2-5508","metadata":false},{"id":67266,"structure_id":14894,"section_number":"38.2-5509","catch_line":"Supplemental provisions; rules; exemption","url":"\/38.2-5509\/","token":"38.2\/55\/38.2-5509","metadata":false},{"id":80850,"structure_id":14894,"section_number":"38.2-5510","catch_line":"Foreign licensees","url":"\/38.2-5510\/","token":"38.2\/55\/38.2-5510","metadata":false},{"id":61601,"structure_id":14894,"section_number":"38.2-5511","catch_line":"Immunity","url":"\/38.2-5511\/","token":"38.2\/55\/38.2-5511","metadata":false},{"id":56865,"structure_id":14894,"section_number":"38.2-5512","catch_line":"Repealed","url":"\/38.2-5512\/","token":"38.2\/55\/38.2-5512","metadata":false},{"id":83503,"structure_id":14894,"section_number":"38.2-5513","catch_line":"Notices","url":"\/38.2-5513\/","token":"38.2\/55\/38.2-5513","metadata":false},{"id":69834,"structure_id":14894,"section_number":"38.2-5514","catch_line":"Phase-in provision","url":"\/38.2-5514\/","token":"38.2\/55\/38.2-5514","metadata":false},{"id":67792,"structure_id":14894,"section_number":"38.2-5515","catch_line":"Expired","url":"\/38.2-5515\/","token":"38.2\/55\/38.2-5515","metadata":false}],"previous_section":{"id":61072,"structure_id":14894,"section_number":"38.2-5508","catch_line":"Confidentiality; prohibition on announcements; prohibition on use in ratemaking","url":"\/38.2-5508\/","token":"38.2\/55\/38.2-5508","metadata":false},"next_section":{"id":80850,"structure_id":14894,"section_number":"38.2-5510","catch_line":"Foreign licensees","url":"\/38.2-5510\/","token":"38.2\/55\/38.2-5510","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5509\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 789<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 47<\/a>; in 2018, chapter 706<\/a>.<\/p>","references":false,"refers_to":[{"id":84129,"section_number":"38.2-1038","catch_line":"Authority of Commission to issue orders covering insurers in hazardous financial condition","order_by":null,"url":"\/38.2-1038\/"},{"id":71497,"section_number":"38.2-1040","catch_line":"Refusal, suspension or revocation of license","order_by":null,"url":"\/38.2-1040\/"},{"id":66658,"section_number":"38.2-1500","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-1500\/"},{"id":86737,"section_number":"38.2-2500","catch_line":"Scope of chapter","order_by":null,"url":"\/38.2-2500\/"},{"id":61029,"section_number":"38.2-4316","catch_line":"Suspension or revocation of license","order_by":null,"url":"\/38.2-4316\/"},{"id":59325,"section_number":"38.2-4500","catch_line":"Applicability of chapter","order_by":null,"url":"\/38.2-4500\/"}],"permalink":{"id":217885,"object_type":"law","relational_id":67266,"identifier":"38.2-5509","token":"38.2\/55\/38.2-5509","url":"\/38.2-5509\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5509\/","token":"38.2\/55\/38.2-5509","dublin_core":{"Title":"Supplemental provisions; rules; exemption","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5509","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The provisions of this Act are supplemental to any other provisions of the laws<\/span> of this Commonwealth, and shall not preclude or limit any other powers or duties of the Commission<\/span>, the Commissioner of Insurance<\/span>, or any of the Commission<\/span>’s employees or agents under such laws<\/span>, including, but not limited to, the provisions of §§ 38.2-1038<\/a> and 38.2-1040<\/a>, subdivision A 7 of § 38.2-4316<\/a>, and Chapter 15 (§ 38.2-1500<\/a> et seq.) and any regulations issued thereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> may adopt reasonable rules necessary for the implementation of this Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> may exempt from the application of this Act any domestic property and casualty insurer<\/span> which: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Writes direct business only in this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Writes direct annual premiums of $2 million or less; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Assumes no reinsurance in excess of five percent of direct premium written. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> may exempt from the application of this Act an insurer organized and operating under the laws<\/span> of this Commonwealth and licensed pursuant to the provisions of Chapter 25 (§ 38.2-2500<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commission<\/span> may exempt from the application of this Act a domestic health organization<\/span> that writes direct business only in this Commonwealth and assumes no reinsurance in excess of five percent of direct premium written, and either (i) writes direct annual premiums of two million dollars or less for comprehensive medical coverages<\/span> or (ii) is licensed pursuant to Chapter 45 (§ 38.2-4500<\/a> et seq.) and covers less than 2,000 lives. As used in this subsection, “comprehensive medical coverages<\/span>” means contracts<\/span> providing basic health care services and Medicare<\/span> and Medicaid risk coverages or policies providing hospital, surgical, major medical, Medicare<\/span> risk and Medicaid risk coverages. Medicare<\/span> supplement need not be included and premiums for administrative services shall not be included. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUPPLEMENTAL PROVISIONS; RULES; EXEMPTION (\u00a7 38.2-5509)\n\nA. The provisions of this Act are supplemental to any other provisions of the\nlaws of this Commonwealth, and shall not preclude or limit any other powers or\nduties of the Commission, the Commissioner of Insurance, or any of the\nCommission’s employees or agents under such laws, including, but not\nlimited to, the provisions of §§ 38.2-1038 and 38.2-1040, subdivision\nA 7 of § 38.2-4316, and Chapter 15 (§ 38.2-1500 et seq.) and any\nregulations issued thereunder.\n\nB. The Commission may adopt reasonable rules necessary for the implementation of\nthis Act.\n\nC. The Commission may exempt from the application of this Act any domestic\nproperty and casualty insurer which:\n\n 1. Writes direct business only in this Commonwealth;\n\n 2. Writes direct annual premiums of $2 million or less; and\n\n 3. Assumes no reinsurance in excess of five percent of direct premium written.\n\nD. The Commission may exempt from the application of this Act an insurer\norganized and operating under the laws of this Commonwealth and licensed\npursuant to the provisions of Chapter 25 (§ 38.2-2500 et seq.).\n\nE. The Commission may exempt from the application of this Act a domestic health\norganization that writes direct business only in this Commonwealth and assumes\nno reinsurance in excess of five percent of direct premium written, and either\n(i) writes direct annual premiums of two million dollars or less for\ncomprehensive medical coverages or (ii) is licensed pursuant to Chapter 45\n(§ 38.2-4500 et seq.) and covers less than 2,000 lives. As used in this\nsubsection, “comprehensive medical coverages” means contracts\nproviding basic health care services and Medicare and Medicaid risk coverages or\npolicies providing hospital, surgical, major medical, Medicare risk and Medicaid\nrisk coverages. Medicare supplement need not be included and premiums for\nadministrative services shall not be included.\n\nHISTORY: 1995, c. 789; 2000, c. 47; 2018, c. 706.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}